[HISTORY: Adopted by the Borough Council of the Borough of Avalon as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-16-2018 by Ord. No. 1376]
Be it ordained and enacted by the Council of the Borough of Avalon and it is hereby ordained and enacted by the authority of the same, that from and after the effective date of this article, the following ordinance shall be in full force and effect in the Borough of Avalon.
This article shall be known as "the Borough of Avalon Commercial Fire Safety Inspection Ordinance."
This article is adopted pursuant to the Borough Code of the Commonwealth of Pennsylvania, the Act of February 1, 1966, P.L. 19650, NO. 581, § 1202, as amended, 53 P.S. § 46202, et seq., and the provisions hereof and all sections contained herein shall be construed as having been adopted in the interests of the health, safety, and general welfare of the people of the Borough of Avalon, Allegheny County, Pennsylvania.
A. 
To promote, protect and facilitate the public health, safety and the general welfare of the community and to protect and to promote the safety of commercial tenants and other inhabitants in the Borough from fire and the hazards of fire.
B. 
To prevent one or more of the following: loss of health, life or property from fire, explosions, noxious gases and other dangers or hazards of fire.
C. 
To provide protection against fire, explosion and other fire hazards in the interest of the public health, safety, and general welfare.
D. 
To define and limit the powers and duties of those officers and bodies that are assigned responsibilities under this article.
E. 
To require prompt fire safety inspections even without a warrant if emergency conditions exist.
In the construction of this article, the rules and definitions contained in this section shall be observed and applied, except when the context clearly indicates otherwise:
A. 
Words used in the singular shall include the plural, and the plural the singular.
B. 
Words used in the present tense shall include the future tense.
C. 
Words used in the masculine gender shall include the feminine and neuter.
D. 
The word "person" includes corporations, associations, and partnerships and other similar entities.
E. 
The word "shall" is always mandatory and not discretionary.
F. 
The word "may" is permissive.
G. 
This article shall be liberally construed to accomplish its purpose to protect the public's health, safety and welfare.
H. 
That the Borough intends to favor the public interest as against any private interest.
For the purpose of this article, the following terms, phrases, words and their derivations shall have the meaning given herein:
AGENT FOR AN OWNER
Any person who provides written proof that he/she is/are authorized to act on behalf of a property owner.
BOROUGH
The Borough of Avalon.
BOROUGH MANAGER
The Manager of the Borough of Avalon.
BUILDING INSPECTOR
The Building Inspector of the Borough of Avalon.
COMMERCIAL PROPERTY
(Also known as commercial real estate) Building/buildings or land intended to generate a profit, either from capital gain or rental income from commercially zoned buildings or five or more residential units. Commercial property includes office buildings, industrial property, medical centers, hotels, malls, retail stores, farmland, multifamily housing buildings, warehouses, and garages. Commercial real estate is divided in the following categories:
A. 
OFFICE BUILDINGSIncludes single-tenant properties, small professional office buildings, serviced offices, downtown skyscrapers, and everything in between.
B. 
INDUSTRIALIncludes smaller properties, often called "flex" or "R&D" properties, to larger office service or office warehouse properties to the very large "big box" industrial properties; garages, distribution centers.
C. 
RETAILIncludes pad sites on highway frontages, single-tenant retail buildings, small neighborhood shopping centers, shops, and larger centers with grocery store anchor tenants, "power centers" with large anchor stores.
D. 
LEISUREIncludes hotels, public houses, restaurants, fast food restaurants, cafes, and sports facilities.
E. 
HEALTHCAREIncludes medical centers, hospitals, and nursing homes.
F. 
LANDIncludes investment properties on undeveloped, raw, rural land in the path of future development. Or, infill land with an urban area, pad sites, and more.
G. 
MISCELLANEOUSIncludes any other nonresidential properties such as hospitality and self-storage developments.
FIRE SAFETY COMMERCIAL OPERATING LICENSE
A certificate or document issued by the Building Inspector after conducting a fire safety inspection and granting permission to the owner of a commercial property to conduct business in the Borough of Avalon.
FIRE SAFETY INSPECTION
A critical examination by the Building Inspector to determine compliance with the 2009 International Building Codes ("IBC"), International Fire Codes ("IFC"), and International Property Maintenance Codes ("IPMC"), including means of egress, general precautions against fire and fire protection systems, a checklist of which is attached hereto and made a part hereof as Exhibit A.[1]
OWNER
Every person who owns a commercial property in the Borough of Avalon.
PERSON
An individual, proprietorship, partnership, corporation, association, or other legal entity.
[1]
Editor's Note: Exhibit A is on file in Borough offices.
Every person who owns a commercial property in the Borough of Avalon must hold a current, properly issued, and unrevoked fire safety commercial operating license issued by the Building Inspector for the specified commercial property.
Every owner who owns a commercial property in the Borough of Avalon for a period of time in excess of 30 days shall apply for a fire safety commercial license and shall agree to comply with all provisions of the 2009 IBC, IFC and IPMC, or such other more recent international codes duly adopted by the Borough of Avalon. The application form shall be accompanied by a check or money order, payable to the Borough of Avalon in the specified amount of the fire safety commercial operating license.
Upon application, all commercial properties shall be inspected annually by the Building Inspector for compliance with the provisions of this article. In the event the Borough Building Inspector refuses to issue a fire safety operating license, the Building Inspector shall note all fire safety violations, and shall leave with the owner a copy of any notice of violation.
Prior to the issuance of a fire safety commercial operating license, all violations noted on a notice of violation shall be corrected, as required. Every fire safety commercial operating license shall be issued for a period of one year, unless sooner revoked.
A. 
Pennsylvania statues govern. All matters regulated by the Pennsylvania Construction Code Act[1] or by any other laws of the Commonwealth of Pennsylvania or by regulations of departments or agencies of the Commonwealth promulgated by authority of law, as the case may be, the promulgated by authority of law, as the case may be, shall control all inspections where the requirements thereof are the same as, or in excess of, the provisions of the Borough's Fire Safety Ordinance duly adopted by the Borough of Avalon.
[1]
Editor's Note: See 35 P.S. § 7210.101 et seq.
B. 
Inspection mandatory. The Borough Building Inspector shall not issue a fire safety commercial operating license in the Borough of Avalon until he/she has first inspected the commercial property for the purpose of insuring compliance with the Borough's Fire Prevention Code and the law.
C. 
Inspections to be conducted at reasonable times with prior notice to residents; display of proper credentials required. All fire safety inspections under this article shall be conducted at reasonable times with prior notice to the owner and subject to constitutional restrictions on unreasonable searches and seizures. Prior to seeking entry to conduct a fire safety inspection, the Borough Building Inspector shall display proper credentials, which shall have been approved by Borough Council.
D. 
Procedure if entry to permit lawful fire inspection is refused. If entry is not obtained or upon the refusal of an owner applying for a fire safety commercial operating license to permit entry to conduct the fire safety commercial operating license to permit entry to conduct the fire safety inspection mandated under this article, the fire safety inspection shall not be conducted and the Building Inspector is hereby authorized to pursue recourse as provided by law.
E. 
Expiration of permits and renewals. Each fire safety commercial operating license shall expire one year after the date of issuance. A license may be renewed only by making application as provided in this article. Applications for renewal should be made at least 30 days prior to the expiration date and, when made fewer than 30 days before the expiration date, the pendency of the application will not prevent the expiration of the license.
F. 
Correction of violations required prior to renewal of license. If the Building Inspector denies renewal of a license, the owner shall not be issued a license until all violations noted on the notice of violation are corrected, as required.
A. 
If entry to conduct a fire safety inspection under this article is refused, the Borough Building Inspector is hereby authorized and directed to apply to an Issuing Authority having jurisdiction over such commercial property for an Administrative Search Warrant to enter and to conduct a fire safety inspection unless an emergency situation exists which requires immediate entry.
B. 
If an emergency situation exists demanding immediate access to the commercial property, the Borough Building Inspector may conduct a prompt fire safety inspection even if entry is refused or even if an administrative search warrant is not obtained.
A. 
Commercial fire safety operating license fee shall be $100 per year.
B. 
A fee of $100 shall be charged for two consecutive cancellations of a fire inspection.
C. 
A reinspection fee of $100 shall be charged if all noted violations are not corrected and/or if the commercial property is not violation free and/or if the commercial property is not reinspected within 10 business days of the initial inspection.
D. 
The above schedule of fees for commercial inspection licenses shall remain in full force and effect until modified from time to time by resolution of Borough Council.
A. 
Any person, partnership or corporation who violates any of the provisions of this article shall upon conviction in a summary proceeding, be fined not less than $1,200 and in default of the payment of the fine and costs, shall be committed to the Allegheny County Jail for a period not to exceed 30 days.
B. 
A person, partnership or corporation commits a summary offense if, he/she refuses to permit a Borough Building Inspector to have access or to gain entry to any premises specified in an administrative search warrant to conduct a fire safety inspection and upon conviction in a summary proceeding, shall be fined not less than $1,200 and in default of the payment of the fined and costs, shall be committed to the Allegheny County Jail for a period not to exceed 30 days.
C. 
Nothing contained herein shall be deemed to preclude the Borough to seek other relief or avail itself of any remedy that may be at law or in equity to prevent continuing violations of the terms of this article.
No provision of this article shall prevent the Borough from instituting proceedings and seeking relief in the courts of equity of the Commonwealth of the Borough shall deem such action necessary to abate any violation of this article, which constitutes a public nuisance.
Any person aggrieved by an adjudication hereunder and who has a direct interest in such adjudication may appeal to the court vested with jurisdiction of such appeals as provided by the Pennsylvania Local Agency Law, 2 Pa.C.S.A. § 752.
The Borough Manager shall file an exact copy of this article with the Department of Community and Economic Development together with the name, position and telephone number of the Building Inspector responsible for compliance with this article.
The provisions of this article are severable, and if any of its provisions or any part of any provisions shall be held unconstitutional or otherwise held to be invalid, the decision of the Court shall not affect or impair any of the remaining provisions. It is hereby declared to be the intent of the Borough Council that this article would have been enacted had such unconstitutional provisions or parts thereof not been included herein.
[Adopted 4-16-2019 by Ord. No. 1390]
The Council of the Borough of Avalon has determined that the health, welfare and safety of the citizens of the Borough of Avalon are promoted by requiring certain structures to have a key lock box installed on the exterior of the structure to aid the Avalon Fire Department in gaining access to or within a structure when responding to calls for an emergency service, and to aid access into or within a building that is secured or is unduly difficult to gain entry due to being either unoccupied or the occupants are unable to respond.
A. 
Multifamily residential structures shall be equipped with a key lock box at or near the main entrance or such other location as specified by the Fire Chief.
(1) 
Eligible multifamily residential structures are defined as having:
(a) 
Five units or more with a locked common entrance area;
(b) 
Three or more stories with a locked common entrance area.
B. 
Commercial, mixed use and nonqualifying residential properties may voluntarily be equipped with a key lock box and must follow the procedures for placement and installation as required for multifamily residential structures.
C. 
The type of key lock boxes to be implemented within the Borough shall be a Knox-Box® brand system.
D. 
Structures which are not equipped with a Knox-Box® system understand and accept the liability and risk associated with the decision to not utilize a Knox-Box®.
E. 
Eligible multifamily structures shall be in compliance by the time of the next fire safety inspection.
A. 
All Knox-Boxes® shall be installed to the left side of the primary ingress/egress doors.
B. 
All Knox-Boxes® shall be mounted between five and six feet from the ground to the center of the entry if possible.
(1) 
Flush mounting is required on all new construction.
(2) 
Surface mounting is acceptable on existing structures.
C. 
In the event that the rapid entry box system cannot be installed at the aforesaid location and/or height the AVFD Fire Chief may designate, in writing, an alternative location and/or installation specifications.
D. 
All properties with an electronic security gate shall have the Knox-Box® installed outside of the gate.
E. 
A window decal that is included when the Knox-Box® is shipped shall be placed on the exterior access door to alert the fire department that a key box is provided.
F. 
The AVFD Fire Chief must approve any changes in the installation.
G. 
Purchase, installation, and maintenance of the Knox-Box® shall be the sole responsibility of the building owner, property owner, condominium association, or property owner association.
A. 
The operator of the building shall immediately notify the AVFD Fire Chief and provide the new keys when a lock is changed or rekeyed. The key to such lock shall be secured in the Knox-Box®.
B. 
An annual inspection of the Knox-Box® will be performed by the AVFD Fire Chief in conjunction with the Building Inspector at the time of the annual Commercial Fire Safety Inspection.
The contents of the lock box are as follows:
A. 
Keys to locked points of ingress or egress, whether on the interior or exterior of such buildings.
B. 
Keys to all mechanical rooms.
C. 
Keys to all locked electrical rooms.
D. 
Keys to elevator and their control rooms.
E. 
Keys to the fire alarm panels.
F. 
Keys (special) to reset pull stations or other fire protective devices.
G. 
Keys to any other areas may be included at the discretion of the property owner or designee.
A. 
No fire department personnel shall carry a Knox-Box® key.
B. 
All Knox-Box® access keys shall be installed in a "Knox-Box® Keysecure" system installed in the fire apparatus. This secure master key system shall require a coded combination in order to access the master Knox-Box® key. This secure key system shall be date and time stamped upon removal and replacement of the master Knox-Box® key. All records of access to the Master Knox-Box® Key shall be kept and maintained by the AVFD in compliance with all applicable record retention standards.
Enforcement of this article is to occur in conjunction with the Commercial Fire Safety Inspection Ordinance.[1]
[1]
Editor's Note: See Ch. 198, Art. I.
A. 
If any sentence, clause or section or any part of this article is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses or sections or parts of the same contained in this article. It is hereby declared as the intent of the Council of the Borough of Avalon that this article would have been adopted has such unconstitutionality, illegality or invalidity sentence, clause, or section or part thereof and not been included therein.
B. 
The failure of the Borough of Avalon to enforce any provisions of this article shall not constitute a waiver by the Borough of its rights of future enforcement hereunder.